The Department of Business, Innovation and Skills has now published in draft form the official guidance that is intended to help agencies and hirers understand their obligations under the Agency Workers Regulations.
After a short period of public consultation the final form of the guidance will be published in late April or early May, but as production of the draft involved extensive input from stakeholders, significant changes are not expected.
In Adecco’s assessment, the key features of the guidance are:
- The test of equal treatment is clearly explained and very usefully makes the point that if properly understood the Regulations need not restrict the flexibility the engagement of agency workers can provide
- There are potentially helpful points about the scope of hirer’s obligations to give agency workers access to facilities and amenities
- The guidance makes clear that attempts to avoid equal treatment through the use of ‘Swedish derogation’ contracts that do not provide a realistic income between assignments are likely to be unlawful.
With the guidance now public, there is nothing to prevent organisations beginning the process of analysing the impact and preparing for the implementation of the Regulations in October.
We will be in touch shortly to discuss this process, but if in the meantime if you have any queries your Adecco contact will be pleased to help.